If our business hired a bookkeeper 2 years ago to complete bookkeeping tasks but she has failed to do so, what is our legal recourse for retrieving the records, as well as prosecution for theft of those records?

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If our business hired a bookkeeper 2 years ago to complete bookkeeping tasks but she has failed to do so, what is our legal recourse for retrieving the records, as well as prosecution for theft of those records?

This same bookkeeper completed previous year’s bookkeeping for several earlier years. She was paid in full $3,000 for about 2 years ago. She has in her possession all original tax documents, purchase receipts, company bank statements. She has repeatedly offered excuses of a personal nature as to why she has not accomplished her task. To date, she has not completed the entry of company entries into the online Software and has not returned the company records, even though she has repeatedly be requested to return all company records.

Asked on April 15, 2013 under Business Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You would bring a lawsuit against her seeking both injunctive relief (a court order) requiring her to return all your records as well as compensatory damages (money), in the form of, for example, the return of all amounts paid to her for work she has not done.


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